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Financial Services offered by HSIIDCThe scope of financial services provided by HSIIDC has been enlarged over the years keeping in view the ever-growing needs of industrial sector. The services now being provided include:
Who is Eligible?Only Corporate entities having manufacturing set up or intending to set up one in the State of Haryana are eligible for availing financial assistance from HSIIDC. Policies and Procedures relating to General Term LoanThe policies and procedures relating to various services offered by the Finance Division of the Corporation are discussed hereinafter. TERM LENDING What can be financed ? The unit should envisage setting up manufacturing facilities in the State of Haryana. The service sector entities like Hotels, Hospitals, Warehousing etc. are also considered eligible for financing. General Term Loan Maximum exposure per company : Rs. 2500.00 lakh (to a single company under all schemes) irrespective of size of project Minimum Security Margin : 25% Promoters Contribution : 30% Debt Equity Ratio: 1.5:1 Note: The acceptability level of Debt Equity Ratio depends on the risk perception in each case. Also, for the purpose of Debt Equity Ratio, the equity will consist of share capital, free reserves, preference share capital redeemable after ten years and interest-free unsecured loans from promoters/directors etc which are not to be withdrawn during the currency of the loan.
Rate of interest The rate of interest applicable (floating) as on date is 13% with rebate of 1% on timely payment for general term loan. However, for specific scheme, the interest rate have been indicated under the respective heads of specific schemes SERVICE TAX & PROCESSING CHARGE ON TERM LOAN Processing Fee : 0.20% of the loan amount The processing fee for term loan cases of more than Rs.5.00 Crores, the applicants can deposit 50% of the processing fee at the time of submission of application and balance 50% of the processing fee is required to be deposited before issue of sanction letter Service Tax : 10.00% of the processing fee and Education Cess on Service Tax is 3.00%. After the case has been accepted and appraisal initiated, the processing charges are not refundable. However, if the application is withdrawn after the acceptance of case but before starting the appraisal, the processing charges are refundable after retaining service tax & lump-sum fee of Rs. 5000/-. COLLATERAL SECURITY The Term Loans extended by the Corporation are secured by way of mortgage of primary security. However, the Collateral Security is obtained to further secure the loan and its quantum depends on the risk preception. VERIFICATION AND VALUATION OF COLLATERAL SECURITY: -- The corporation has a panel of valuers for carrying out verification and valuation of collateral security. Further it is to be cross checked by the officers of the Corporation. Following information will be required from the client:
HOW TO GO ABOUT AVAILING FINANCIAL ASSISTANCE? Interaction with the 'Client' starts with the receipt of Application Form (both printed and on floppy) which is available on payment of Rs.100/- at Head Office and/ or Branch Offices of the Corporation. The applicants may download the application form from the website which is available under download section on homepage. However, the applicants are required to pay demand draft of Rs.100/- in favour of HSIIDC Ltd. payable at Panchkula/Chandigarh at the time of submission of application along with processing fee Following basic information is required at this stage:
The Application Form, duly filled in along with a copy on floppy and
complete with above information, may be submitted at Head Office or any Branch Office of
the Corporation. The ACCEPTANCE OF PROPOSAL FOR APPRAISAL After receipt of application, the proposal is placed before the Screening Committee, which consists of senior officers of the Corporation. The promoters are also required to be present in this meeting. The objective of this meeting is to interact with the promoters and also to examine as to whether the proposal can be accepted for detailed appraisal. This stage takes about a weeks time. ACCEPTANCE OF PROPOSAL FOR APPRAISAL DURING BUSINESS MEET The Corporation organises Business Meets at different locations throughout the year. The event is generally notified through press in advance. Basic information as per the prescribed format is required for scrutiny of proposals during the Business Meets. The proposals accepted at Business Meets are straightway allotted for appraisal after approval of the Managing Director. DETAILED APPRAISAL OF THE PROPOSAL After a proposal is accepted for appraisal, the detailed appraisal is carried out by the officer(s) of the Corporation to assess the technical feasibility and financial viability of the proposal. Among other things, the Appraising Officer(s) focus on the following points:
After the appraisal, the proposal is placed before the Advisory Committee which consists of members from within the organisation as well as outside experts. This Committee looks into various aspects of the appraised project, and its strengths & weaknesses to assess and determine the technical feasibility and financial viability of the proposal. SANCTION OF LOAN Once the proposal is cleared by the Advisory Committee, it is placed before the authority competent to sanction the loan. The time taken from the receipt of application till sanction of loan is about two months subject to expeditious and timely receipt of complete information from the applicant. DISBURSEMENT OF SANCTIONED ASSISTANCE The process of disbursement of term loan starts with the
acceptance of terms & conditions of sanction by the borrower as conveyed in the
Sanction Letter and deposit of Imprest Money and Up-front Fee. The imprest Money is kept
as an advance and its objective is to meetout the expenses the Corporation may have
to incur during Monitoring and Follow-up. Presently, the Imprest money is charged Rs.
25000/- in loan cases up to Rs. 150 Lakh and Rs. 35000 in loan cases above Rs. 150
lakh. The objective of charging Up-front Fee is to meet the commitment cost of funds
during disbursement stage. The rates at which up-front fee is charged are: @ 0.5% of the
loan amount. Other requirements for first disbursement are as under: Legal Documentation: Legal Documentation precedes any disbursement. The details of Legal Documents required to be executed is supplied immediately after sanction. However, legal documents/resolutions required before disbursement are briefly explained hereunder:
General body resolutions under section 293(1)(a) to mortgage the assets of the company and under section 293(1)(d) regarding borrowing powers. Board resolutions to approve loan application to HSIIDC, to accept terms and conditions of loan and authorising Directors to sign loan agreement, hypothecation deed, to open special current account , resolution to execute Tripartite Agreement with other joint lenders for creating pari-passu charge on fixed assets of the company, if applicable, and other documents under the common seal of the company. ii Other documents
LOAN UNDER EQUIPMENT FINANCE SCHEME (EFS) Eligibility Criteria The financial assistance under this scheme is available to the existing profit-making companies for acquiring machinery & equipment for expansion/ modernisation/ balancing. The company should satisfy the following eligibility norms to be covered under the scheme.
Financing Parameters
Service Tax & Processing Charges Procedure is same as applicable under General term loan Penalties: In case of any default, the rate of interest applicable to general term loan is chargeable for the balance loan amount and it becomes the documented rate of interest for all intents and purposes. In addition, penal interest is charged @ 3% p.a. over and above this revised documented rate on the defaulted amount for the period of default. HOW TO GO ABOUT AVAILING FINANCIAL ASSISTANCE UNDER THIS SCHEME The Applicant is required to submit Application on the prescribed proforma which is available without any payment at Head Office and Branch Offices of the Corporation. The Application, along with processing charges & Service tax may be submitted at Head Office or Branch Office or in the Business Meets, which are organised from time to time along with the following information:
ACCEPTANCE OF APPLICATION The proposal is analysed with main focus on past performance of the unit and the advantages the proposed equipment will provide in its operations. It is accepted for appraisal immediately if it fulfills the basic parameters laid down in the scheme. APPRAISAL A quick appraisal is carried out with special emphasis on the following points:
VERIFICATION AND VALUATION OF COLLATERAL SECURITY Procedure is same as under General Term Loan. SANCTION A decision with regard to sanction of loan is taken by the Managing Director on the recommendations of the Advisory Committee. The entire process takes about one month after receipt of requisite information. DISBURSEMENT OF SANCTIONED ASSISTANCE The process of disbursement of EFS loan starts with the acceptance of terms & conditions of sanction by the borrower as conveyed in the Sanction Letter and deposit of Imprest Money and Up-front Fee. The objective of Imprest Money and Up-front Fee has been explained earlier under the General Term Loan Scheme. Other requirements are given as under: Legal Documentation: The details of Legal Documents required to be executed is supplied immediately after sanction. However, legal documents/ resolutions required before disbursement are briefly explained hereunder:
Letter of CreditThe Corporation has made arrangements with some Commercial banks for opening Letter of Credits for the purchase of machinery from India or abroad against term loan. This scheme aims at reducing the efforts of the client to approach the bank to open the Letter of Credit, which is a de-novo process, after the sanction of loan from HSIIDC. Margin Minimum 15% against disbursement eligibility and 25% on the balance amount of Letter of Credit. However, the Corporation ensures tie-up of total funds required for retiring the Letter of Credit. Service Charges The Corporation levies service charges which are shared with the Commercial Banks through whom the Letter of Credit is opened. The HSIIDCs charges are comparable with those of the Commercial Banks in case the Letter of Credit is directly opened through them. The details of charges are as under:
*stands for Foreign Exchange Dealers Association of India, which is a Confederation of Foreign Exchange Dealers for deciding various charges on services provided by the members. PROCEDURE FOR OPENING OF LETTER OF CREDIT Following information is required for opening the Letter of Credit:
Where the amount of Letter of Credit is not covered by the eligibility of disbursement, following additional information is required:
Letter of ComfortThe Corporation also issues Letter of Comfort in favour of Commercial Banks to facilitate opening of the Letter of Credit by the latter, in case the client so wishes. Since it amounts to commitment of funds by the Corporation, service charges @ 0.5% of the amount of Letter of Comfort are charged. The Letter of Comfort is issued on the request of the client and the amount is restricted to the extent of disbursement eligibility. Working Capital Term LoanAs the very title suggests, the loan under this category is provided for meeting the working capital requirements including shortfall in margin money for working capital. It is a medium term maturity loan. Eligibility : Only those units which have been sanctioned/ disbursed term loan by the Corporation. Limit for Loan:
Financing Parameters
COLLATERAL SECURITY :
HOW TO GO ABOUT AVAILING FINANCIAL ASSISTANCE UNDER WORKING CAPITAL TERM LOAN The Client is required to submit an Application on the letter-head of the company along with Processing Charges & Service tax. The Application may be submitted at Head Office or Branch office or in the Business Meets, which are organized from time to time, along with following information:
After receipt of proposal, the case is placed before the BPC for acceptance for appraisal. Constitution of the BPC has been discussed earlier. The proposals accepted in the Business Meets chaired by MD/HSIIDC are not subject to ratification by BPC. APPRAISAL OF THE PROPOSAL A brief appraisal is carried, which is aimed at the following points:
VERIFICATION AND VALUATION OF COLLATERAL SECURITY Procedure is same as under General Term Loan. DISBURSEMENT OF THE SANCTIONED ASSISTANCE The process of disbursement of loan starts with the acceptance of terms & conditions of sanction by the borrower as conveyed in the Sanction Letter and deposit of imprest money and Up-front Fee. The objective of Imprest Money and Up-front Fee has been explained earlier. Other requirements are as under:
b. Other requirements:
Line of Credit SchemeUnder this scheme, a Line of Credit, valid for one year is granted to existing borrowers who have created first charge on its fixed assets in favour of the Corporation, for purchase of separately identifiable machinery/ equipments obviating appraisal procedure and giving flexibility in identifying the machinery/ equipments at a later stage. Eligibility Conditions:
Financing Parameters:
Disbursement of Sanctioned Assistance:Procedure is same as under Equipment Finance Scheme. |
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| Repayment period | 3-1/2 to 5-1/2 years with initial moratorium period of 6-12 months |
| Promoter's contribution | Minimum 30% |
| Debt Equity Ratio | 1.5:1 (including proposed loan) |
| Rate of interest | As applicable to normal term loans. |
| Processing and up front fee | As applicable in normal term loans cases. |
Security:
DISBURSEMENT OF SANCTIONED ASSISTANCE :
Procedure is same as under General Term Loan.
Scheme For Financing Commercial Complexes
Sensing the needs of borrowers, HSIIDC has introduced a Scheme for construction of Commercial complexes. The assistance under the scheme is provided for:
The land should be in name of company or its promoter and same be mortgaged with the Corporation.
Financing Parameters
Maximum assistance |
Rs. 2500 lacs. |
| Minimum promoters contribution | 30% |
| Maximum debt equity ratio | 1:1 |
| Minimum Security Margin | 35% |
| Processing Fee | 0.20% of loan amount |
| Upfront fee | 0.50% of loan amount |
| Repayment Period | upto 8 years with moratorium period of 18 months |
| Rate of Interest | 13% p.a floating (Before 1% timely payment rebate) |
Scheme for take over of loans of other Institutioins/ banks
The Corporation has a scheme for take over of loans of other Institutions / Banks, along sanctioning of loan for expansion/modernization schemes of such companies. This will facilitate dealings of the company with one institution, improve the asset quality of the Corporation, while reducing the cost of funds for the borrowers.
The scheme shall be subject to following parameters:-
The unit should be regular with the institutions/banks from where it has availed financial assistance and the account should have been classified as standard assets.
The collateral security as may have been given to other institution/banks shall be obtained.
The entire loan should be taken over and loan thus taken over shall be secured by way of first charge on fixed assets of the company .
The payment should be directly released in favour of institution/banks which has extended the financial assistance.
However, this take-over of loans will not be in isolation and shall be resorted to only when company has scheme for additional loan for expansion/ modernisation.
The Ministry of textile, Govt. of India announced Technology Up-gradation Fund Scheme for technology up-gradation & modernization in the Textile and Jute Industries which has now been extended to 31.03.2012. Under the scheme five percentage point on the interest rate actually charged by the identified financial institutions shall be reimbursed on the sanctioned projects (after 1.04.07).
Scheme for Financing Industrial Infrastructure Industrial Estates developed by HSIIDC & HUDA Purpose:Assistance to be provided under the scheme for the following:
Eligibility:
The land for such infrastructure project should be in name of
company or its promoter and falling with in the HSIIDC/HUDA area and the same be mortgaged
with the Corporation.
The company/concern shall obtain NOC from estate Division of the concerned agency to the effect that the unit is otherwise eligible for leasing as per EMP-2005 and there is no default of the conditions of the allotment.
The company will undertake that while leasing out any part of the building constructed/developed by the company, a tripertite agreement will be executed amongst the Corporation borrower and lessee and will get the tripertite agreement approved from the Corporation.
The company shell open a seprate Escrow account in which the rent on account of leasing out of any part of the building constructed/developed by the Corpn. shall be deposited directly by the lessee and where from the repayment of instalments due to the Corporation will automatically be credited to the Corpn. on due dates
Financing Parameters
| Maximum assistance | Rs. 1500 lacs enhanced to Rs.2500 lacs. |
| Minimum promoters contribution | 30% |
| Maximum debt equity ratio | 1:5:1 |
| Minimum Security Margin | 35% |
| Processing Fee | 0.20% of loan amount |
| Upfront fee | 0.50% of loan amount |
| Repayment Period | Up to 8 years with moratorium period of 18 months |
| Rate of Interest | 13% p.a floating (Before 1% timely payment rebate) |
Once financial assistance is extended to any client, sharing of information relating to the project is important. The Corporation has a system to follow-up the progress of the case at all stages. Following information, which may be useful to both lender and the borrower, is required to be submitted :
DURING IMPLEMENTATION OF THE PROJECT
Quarterly progress reports of the project are required in the prescribed format.
After Implementation of the Project the client is required to comply with the following:
The Corporation's capability to serve its clients in the best possible manner is dependent upon timely recoveries of its advances to the borrowers. The clients should be aware that their loan accounts are classified in three categories as per the guidelines issued by the RBI. These categories are:-
The classification of loan account in any of the above categories and provisioning in lieu thereof is to be done by the Corporation in accordance with the guidelines issued by the RBI from time to time. However, the clients must understand that while the provisions are just nominal in case of standard assets, these keeps on going up with the loan accounts becoming sub-standard and doubtful assets in line with the aging of default as well as realisable security cover available to the Corporation towards repayment of interest and principal amounts. It is, therefore, crucial both for the Corporation as well as the client to ensure that his account does not become a non-performing asset (NPA) and remains in the Standard Asset category.
RECOVERY SCHEDULE
The repayment of principal and interest thereon is required to be made in quarterly installments falling due on 30th April, 31st July, 31st Oct. and 31st January in a financial year (these dates may be different in old cases). The rationale behind recovering the due amount on a quarterly basis lies in the Corporations liability to service the loans/ refinance it avails from banks/ refinancing institutions for its clients.
The repayment schedule of installments is worked out on the basis of tenure of the loan at the time of first disbursement. However, there are also cases where a client may not need to avail some portion of the sanctioned loan and he may be in a position to complete his project without really needing the balance unutilised assistance. In such cases, the client will be allowed the benefit of re-fixation of his installments only once in accordance with the amount of loan actually disbursed and the tenure of the loan subject to his furnishing an undertaking that the balance unutilised component of the loan be cancelled. However, in all such cases, the amount paid by them towards initial installments till the date he makes such request will not be recalculated for re-fixing the installment schedule. In other words, while revising the repayment installment amount, retrospective benefit will not be admissible.
ACCOUNTS
Normally, the client is supposed to know the amount of installment falling due on a particular date as per the repayment schedule fixed at the time of first disbursement or re-fixed subsequently and he is expected to adhere to the repayment schedule. However, for the convenience of the client, the Corporation also has a system whereby the client would be served with a Demand Notice just before repayment of the installment amount falls due. Similarly, he would also be receiving his account statement after realisation of the credit of the payment made by him. However, the client may please note that any failure on the part of the Corporation to send such a Demand Notice would not provide him with the plea that he could not make the payment as he had not received such Demand Notice. The account statement is sent on a regular basis.
TIMELY CREDIT TO HSIIDC's ACCOUNT
The borrowers may please note that the repayment to HSIIDC is taken into account on the day the amount gets credited to the HSIIDC's account and not on the day he issues a cheque/ draft payable towards such repayment. Hence, the clients would be well advised to send their drafts/ cheques well in time if they want to avail of the interest rebate or save on penal interest for the period of delay involved in realisation of the amount to the HSIIDC's account. The borrowers are also advised that they must issue the cheque/ draft/ pay order payable at the station where it is sent for realisation i.e. branch office or head office, whatever the case may be.
REBATE & PENALTIES
OTHER STRINGENT RECOVERY MEASURES
In cases of consistent and deliberate defaults, and where the Corporation has failed to effect its recoveries after exhausting all persuasive methods, the Corporation is competent to proceed under Section 29 of the SFCs Act and resort to coercive action there under. It may be clarified here that invoking SFCs Act for the recoveries is done as a matter of last resort but let the borrowers also note that the assets of the company can be taken over under the provisions of this Act and disposed off for recovery of its dues.
Generally, pre-payment of loans is discouraged. This is because the refinancing institutions from whom HSIIDC raises resources also do not accept pre-payments. Moreover, it upsets the financing plans of the Corporation besides resulting in higher costs very often. Wherever the Corporation agrees to accept pre-payment of loan, the charges are 1% of pre-paid amount. However, acceptance of pre-payment is at the sole discretion of the Corporation.
Generally, rescheduling of loans is discouraged and not allowed unless there are genuine and compelling reasons. Wherever it is agreed in principle, the request of the borrower must be supported with the following documents:
Rate of Interest in case of Re-scheduling
One time settlement will be done in all loan ( term loan/ working capital term loan/ bridge loan ) cases which are categorised either Doubtful/loss on the terms and conditions detailed hereunder:-
DEFINITION OF DOUBTFUL ACCOUNT AS PER THIS POLICY:-
Doubtful loan account is one, where the principal remained overdue for a period exceeding two years.
Category |
Benefits Permissible |
|
1.(a) |
Doubtful loan account (Category-A) |
Accounts may be settled by waiving off entire penal interest plus 25% of component of compounded interest. However, the waiver shall not exceed 25% of total outstanding. |
Where the loan account has remained doubtful for less than three years. |
||
(b) |
Doubtful Loan Account (Category-B) |
Accounts may be settled by waiving off entire penal interest plus 50% of component of compounded interest but waiver should not be more than 50% of total outstanding. |
Where the loan account has remained doubtful for more than three years but less than five years. |
||
(c) |
Doubtful Loan Account (Category-C) |
Accounts may be settled by waiving of entire penal plus 100% component of compounded interest |
| a | Where the loan account has remained doubtful for more than five years. |
|
| b | However, the amount recoverable shall not be less than 90% of realisable value of primary and collateral security available with the Corporation in all the above categories. The assessment shall not be more than six months old on the date of submission of settlement proposal. |
|
| (d) | Doubtful/Loss Loan Account (Category-D) | Accounts may be settled by waiving of entire penal plus 100% component of compounded interest and 50% of simple interest. However, the waiver should not exceed the interest outstanding. |
| Under this category, those cases will fall where the primary and collateral securities have already been disposed off by the Corporation. There will be no verification of assets and the eligibility under the scheme will not be linked with personal assets of borrowers/guarantors. | ||
| The amount of waiver under the scheme shall be restricted to the amount payable by the party and would be applicable to cagegory 'A', 'B', 'C' and 'D' of the One Time Settlement Scheme only. | ||
| II. | Units in possession of the Corporation for over three years but could not be disposed off inspite of four attempts and no other security is available. | Accounts may be settled by charging principal and misc. alongwith normal refinance rate or equivalent thereto prevailing at the time of loan advance. |
| III |
|
The units falling in either of the three categories approaches for settlement, the accounts may be settled by allowing the benefit of waiver of penal interest provided the entire outstanding is liquidated within a period of six months from the date of settlement. Such benefit, is however, to be restricted to the extent of interest outstanding and no portion of principal amount shall be waived off. |
| IV | LOSS PORTFOLIO/ R.C./R.C. STAYED CASES | |
|
Principal plus misc. and 1/3rd of the simple interest in terms of Mortgage Deed on the amount outstanding to the recovered and no verification of personal assets may be insisted upon. An affidavit about the present means of the promoters is to be given by promoters/guarantors. | |
| 1 | Non-Applicability of OTS to Wilful defaulters. As per the guidelines of the RBI the following cases will fall under the definition of wilful defaulters:-
The RBI guidelines further state that the identification of the wilful defaulters should be made keeping in view the track record of the borrowers and should not be decided on the basis of isolated transactions/incidents. The default to be categorised as wilful must be intentional deliberate and calculate. |
|
| 2 | The financial statements/working results may be thoroughly scrutinized and the borrower company/unit will be considered as wilful defaulter if it has sufficient cash accruals and the interest has been charged to its profit & loss account but has not been paid inspite of cash profits. | |
NOTES AND EXPLANATION.
The case is to be processed after receipt as upfront advance of :-
The committee will give recommendations which would be placed before the BoD for approval.
PRE-CONDITIONS FOR ISSUE OF SECOND/SUBSEQUENT CHARGE
The Second and Subsequent Charges are generally required by the clients in favour of Commercial Banks against their working capital limits. The Client is required to comply with the following:
H ISSUE OF NO-DUES CERTIFICATE AND RELEASE OF SECURITY DOCUMENTS: --
For issuing of 'No Due Certificate', all the dues of the Corporation should have been paid.
For release of security documents, there should not be any outstanding dues of the Corporation and also the 'No Due Certificate' from the Institutions in whose favour the pari-passu charge/ second / third or subsequent charge has been issued, should be submitted.
1. SHORT TITLE AND COMMENCEMENT:
This policy may be called " HSIIDC OTS Scheme - 2010."
2. CATEGORIES OF ACCOUNTS TO WHICH
THIS POLICY APPLY
This policy
will cover all the accounts of the borrowers/defaulters of HSIIDC which were classified as
NPA accounts that have become doubtful or loss as on 31.3.2007. The policy would also
cover NPAs classified as Sub-standard as on 31.3.2007 which have subsequently become
doubtful or loss assets.
For the
purpose of determining eligibility, the NPA definition would be as per the guidelines of
RBI applicable upto the year ending March 31, 2007. Accordingly, NPA means non performing
asset account where interest and/or instalment of principal remain overdue for more than
90 days. All accounts where the age of default in instalment of principal and/or interest
is more than 90 days, the account would be treated as NPA which could be either a
sub-standard/doubtful/loss account in terms of classification /guidelines of RBI as
prevailing on 31.3.2007, which is as under:
| Category
of asset |
Default
Period |
| Standard Assets |
Regular Accounts. |
| Non Performing Assets(NPA) |
Default exceeding 90 days |
| Sub-Standard Assets |
Classified as NPA for a period not
exceeding 18 months |
| Doubtful Assets |
Classified as NPA for a period exceeding 18
months |
| Loss Assets |
No security available. |
Likewise
NPA definition for leasing accounts would be as per RBI guidelines as applicable for year
ending 31.3.2007.
- Deliberate non-payment of the dues despite adequate cash flow and good networth.
- Siphoning off of funds to the detriment of the defaulting unit.
- Assets financed have either not been purchased or have been sold and proceeds have been mis-utilized.
- Misrepresentation/falsification of record.
- Disposal/removal of securities without banks/HSIIDC's knowledge.
- Fraudulent transactions by the borrowers.
The RBI
guidelines further state that the identification of the willful defaulters should be made
keeping in view the track record of the borrowers and should not be decided on the basis
of isolated transactions/incidents. The default to be categorized as willful must be
intentional, deliberate and calculated.
3. SETTLEMENT FORMULA amount
and cut off date
a.
NPAs classified as Doubtful or Loss as on
March 31, 2007
The minimum amount that should be
recovered under the policy in respect of compromise settlement of NPAs classified as
doubtful or loss as on March 31, 2007 would be 100% of the outstanding balance in the
account as on the date on which the account was categorized as doubtful NPA.
b.
NPAs classified as sub-standard as on March
31, 2007 which became doubtful or loss subsequently.
The minimum
amount that should be recovered in respect of NPAs classified as sub-standard as on March
31, 2007 which became doubtful or loss subsequently would be 100% of amount outstanding as
on the date on which the account was categorized as doubtful NPA plus interest @ 13% p.a
(floating or interest rate prevailing at the time of approval of OTS proposal) from the
cut-off date till the date of final payment.
c.
Lease Finance Cases
i. In lease finance cases, the minimum amount recoverable shall be based on the date on which the account became doubtful or the date on which the assets of the unit were taken over/repossessed by the Corporation, whichever is earlier. The amount shall be the principal outstanding as on the cut off date as per the capital recovery method plus the actual expenses incurred by the Corporation recoverable from the party upto the date of settlement. The Corporation must restrict the watch and ward as well as other expenses to the extent of interest (prevailing rate) on the principal amount from the date, the amount became doubtful till the date of settlement.
ii. Further, in those cases of lease finance where the borrowers were given advances to procure machinery, but the machinery was not procured due to mis-utilization of funds and in such cases the date of default may be the date on which the amount was advanced to the party and the corresponding cut off date for the purpose of calculation of settlement amount may be taken two years after the date of disbursement.
iii. In all lease finance cases, the residual value may be recovered without interest. This amount shall, however, be over and above the settlement approved, if any.
In cases where the lease accounts are settled under OTS policy, the sale consideration will be 0.50% of the principal amount as per capital recovery method incorporated in OTS amount under OTS policy plus taxes, thereon.
iv. The prevailing guidelines in respect of appropriation of recovery amount according to which any amount received from the borrower is appropriated first towards miscellaneous expenses then towards interest and then towards principal shall not be made applicable in lease finance cases.
d.
The term "outstanding balance" shall
mean the total recoverable from the borrower as on the cut off date as per documented
terms.
e.
The term "cut off date" with
reference to an account means the date on which the account was last categorized as
doubtful account and has continuously remained either as such or as a combination of
doubtful and loss account since that date.
f.
The settlement amount as above would be the
minimum acceptable amount. However, HSIIDC could negotiate with the borrower to recover
more than this amount keeping in view factors like security and disposability of the
assets.
4. PAYMENT TERMS
a.
At the time of making application under this
policy the borrowers will be required to deposit amount equal to 10% of principal
outstanding, in the account as up-front. The company shall have option to pay the full OTS
amount without any interest within 60 days from the date of issue of letter.
Alternatively, an amount equal to 25% of the
settlement amount shall be payable within one month from the date of approval of
settlement by the Corporation, (10% of the amount deposited along with the application
shall be adjusted against this demand). The balance 75 percent of the settlement amount
shall be paid within one year from the date of approval of settlement by the Corporation
in 11 equal monthly installments together with interest @ 13% p.a.(floating) from the date
of settlement upto the date of final payment. Interest on the settlement amount shall be
required to be paid in 4 quarterly installments.
b.
Any amount received from the eligible
defaulting borrower after the cut off date will be adjusted towards the crystallized
settlement amount provided that in no case the settlement amount shall be less than
principal plus miscellaneous expenses outstanding.
c.
Payment terms (Leasing Cases) :- At the time of
making application under this policy the borrowers will be required to deposit amount
equal to 10% of principal as per Capital Recovery Method as on cut off date as up front.
The modalities for balance payment in case of leasing cases will remain the same as in
term loan cases.
5. SANCTIONING AUTHORITY
The
Sub-committee constituted by the Board for approving OTS in dis-investment cases shall
also be the competent authority to take decision on the Compromise Settlement of Chronic
Non-Performing Assets as per the provisions of this policy. A quarterly report in respect
of cases where OTS has been done will be placed before the BOD for information. In case
OTS is done outside the provisions of this policy, the matter shall be placed before the
Board of Directors for decision.
6. EFFECT OF THIS POLICY ON
CRIMINAL LIABILITIES
The
settlement under this policy shall be without prejudice to any criminal liability that may
arise due to any competent enquiry/investigation.
7.
DEVIATION/RELAXATIONS ONLY BY BOARD
The Board
of Directors shall be competent authority to grant any relaxation in this policy on case
to case basis.
8. INTERPRETATION OF THE
PROVISIONS OF POLICY
If any
question arises relating to the interpretation of any of the provision of this policy, it
shall be referred to the Board of Directors of the Corporation for decision and the
decision of the Board of Directors of the Corporation shall be final.
The
Scheme will remain open upto
31.03.2011 for receipt of
applications from borrowers.
To recover its dues, Corporation takes over the assets mortgagged to it u/s 29 of SFC's Act/Court/AAIFR/BIFR and sell them on 'As is Where is' basis. For information of interested parties the list of such units is given below:
"No More Public Deposits Accepted by HSIIDC"
HSIIDC has discontinued to accept and renew deposits under "Public Deposit Scheme" w.e.f. 27.09.2004. The existing deposit-holders were given an offer for pre-mature withdrawl of their deposits without charging any penal interest, fee/premature payment charges upto 31.10.2004. However, the deposit holders, who did not opt. for pre-mature withdrawl, shall be repaid their deposits as per the terms and conditions of the Public Deposit Scheme.
Haryana State Industrial & Infrastructure Development Corporation
Limited,
Plot No:C-13-14, Sector 6,
Panchkula-134109 , Haryana, INDIA
Enquiries: (091) 172-2590481, 2590482, 2590483
Fax: (091) 172-2590474